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The Difference Between a Bradenton Personal Injury Claim and Lawsuit


If you or someone you love has been injured as the result of the negligence or carelessness of another in Bradenton, then you must learn and understand your rights for compensation when it comes to the damages you have sustained. You can file a personal injury claim or a personal injury lawsuit.

Today, we will go over the difference between a personal injury claim and a lawsuit to help you better understand your options and what can be done.

Like An Insurance Claim

A personal injury claim is similar to an insurance claim. After you are injured, you usually file a claim for compensation with your insurance company or the negligent party’s insurance company. Depending on the type of accident and its severity, you may also be able to file a claim against an auto insurance policy, homeowner’s insurance policy, or professional liability policy.

Filing Your Claim

Once you have finished filing your insurance claim, the insurance company will investigate the accident to determine how it happened, who was at fault, and examine the damages. The insurance adjuster will also review police reports, medical records, and other important and valuable documentation pertaining to the accident and may request a statement from you.

Before making a statement to the insurance company, consider talking to an experienced Bradenton personal injury attorney first. The insurance company does not have your best interests at heart. An attorney can be the middleman and help ensure you are treated fairly.

Personal Injury Lawsuits

When you cannot reach a settlement with the insurance company, the Bradenton attorney you have chosen will then file a personal injury lawsuit against the responsible party. Filing a lawsuit provides you with the opportunity to pursue compensation for any and all damages resulting from the accident.

However, a lawsuit is much more complicated than a claim because you have to prove to a judge and jury that the party at fault was negligent. If you can’t prove that the negligent party was at fault for your injuries, you may not receive compensation.

A personal injury lawsuit can last for several months and even longer in some cases. This is due to the several stages that are involved.

Personal Injury Lawsuit Stages

The first step to a personal injury lawsuit is filing. The attorney will file all the documents with the court and notify all parties of your intentions. After this is done, the discovery process begins. This is when the case is investigated, and more evidence is gathered. Either party can try to settle the case at this point.

The trial phase happens if a settlement isn’t reached. Then, each side will have the opportunity to present their case to the court and jury. This can mean multiple hearings. During the completion of trial stage, all arguments have already been heard, and the jury is dismissed to determine a verdict. This is also when a compensation amount can be determined.

Once the verdict is read, an appeal can be filed by the losing party. An appeal can lead to a new trial or a new settlement between the parties involved.

The Value of a Professional

As you can see, a lawsuit can definitely prove to be a more complicated process. However, whether you just file a claim or pursue a trial, you will want to have a qualified Bradenton personal injury attorney on your side. They can navigate you through the process and offer their recommendations on the best course of action to take for your particular case.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

The Difference Between a Bradenton Personal Injury Claim and Lawsuit

Goldman Babboni Fernandez
Murphy & Walsh




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